JISIP: Jurnal Ilmu Sosial dan Pendidikan
Vol 7, No 1 (2023): JISIP (Jurnal Ilmu Sosial dan Pendidikan)

OBJECTIVE RIGHTS FOR FINANCING COMPANIES AS FIDUCIARY GUARANTEE HOLDER

Ilham Maulana (Universitas Trisakti)
Elfrida Ratnawati Gultom (Universitas Trisakti)



Article Info

Publish Date
16 Jan 2023

Abstract

The purpose of this research is to explain the objective rights of the Fiduciary Guarantee in the Financing Company. This research uses a normative method using primary, secondary and tertiary legal materials with descriptive analysis and inductive drawing conclusions. As it is known that the Fiduciary Guarantee will basically continue to bind to the Fiduciary Guarantee Object. Fiduciary guarantees given to Financing Companies as creditors receiving fiduciary rights are granted imperfectly. The agreement usually separates the ownership documents that are authorized to the creditor receiving the fiduciary and the object of the guarantee to the debtor providing the fiduciary. The imperfect objective rights have led to a lot of speculation that the owner of the object is the owner who fully controls the object without regard to the existence of ownership documents. For this reason, sometimes finance companies have difficulty in executing the fiduciary guarantee object. The results of the research show that material rights will always follow wherever the owner of the object is, but in this short study it can be seen that every object that is still guaranteed status has a lien which will continue to be attached until the object is paid off by the debtor.

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Journal Info

Abbrev

JISIP

Publisher

Subject

Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Ilmiah Ilmu Sosial dan Pendidikan merupakan kumpulan artikel ilmiah ilmu sosial dan pendidikan berdasarkan hasil penelitian dan hasil kajian pustaka. Jurnal ini menggunakan Bahasa Indonesia. Terbit 3 kali setiap tahun pada bulan Maret, Juli, dan ...